29 Nov 2022
The Special Investigation Service is launching a special protection program for the victims of ill-treatment
The Special Investigation Service is launching a special protection program for the victims of ill-treatment
The Special Investigative Service presented a guideline document on the use of special protection measures to human rights organizations, representatives of the Public Defender's Office and the Academia.
The event was held within the framework of the Council of Europe’s project - "Implementation of policing measures with the protection of human rights in Georgia".
The Special Investigation Service is actively working to create additional guarantees for protecting human rights. On May 24, 2022, as a result of the amendments made to the Law of Georgia "On the Special Investigation Service", the Deputy Head of the Special Investigation Service was granted the authority to apply in writing manner to the supervising prosecutor with a reasoned proposal about the use of special protection measures for the participant of the criminal case.
It is important to protect the privacy of the potential victim’s physical safety and involvement in the investigation process to be effectively investigated cases of possible ill-treatment by law enforcement officers. It can only be achieved if there is cooperation and trust between the investigating authority and the victim itself. An important component of an effective investigation is also the protection of a case and process participants from external factors and other persons. The interest of external factors and other persons may represent unsubstantiated interference in the proceedings as well as hindering cooperation between the victim and the special investigation service It is important for the victim of the ill-treatment to have confidence in the investigative body and not feel any kind of danger if cooperates with the service and reveals law enforcement officers. The state must protect the victim of ill-treatment and ensure his/her safety in terms of the presence of the relevant threat.
Based on the guideline document developed by the Service, in all criminal cases, the investigator of the Special Investigation Service will offer the potential victim to participate in a special protection program on a mandatory basis. And in case of the consent, the Service will assess the risks based on predetermined criteria. If the investigation concludes that there are grounds for the use of a special protection measure, it will refer to the relevant agencies for the immediate inclusion of the victim in the special protection program. The action means appointing a personal guard for him, calling an alarm, temporarily changing the place of residence, or applying other security measures to the victim.
It should be mentioned that the Service has already developed the appropriate questionnaire and methodology necessary for the implementation of the mentioned mechanism, in which the opinions and remarks of the non-governmental sector, the Public Defender's Office, and experts working in that field will be reflected.
Finally, the document will be approved and will enter into practice by the decree of the Head of the Special Investigation Service.
The representatives of the Special Investigation Service, non-governmental organizations, the Office of the Public Defender and the Academia attended the meeting which was organized with the support of the Council of Europe (CoE).